Charles E. Boyk Law Offices, LLC
Distracted driving is one of the leading causes of car accidents in the United States. While distracted driving may take many forms, texting while driving is one particularly endemic to modern times—and arguably one just as dangerous as driving under the influence of drugs or alcohol.
Ohio state law expressly prohibits texting while driving, but many people choose to violate this law, sometimes to the detriment of other drivers and passengers on the road with them. A Swanton texting while driving car accident lawyer could fight for your rights and work to get you the compensation you deserve if you are injured by someone who was negligent in this way. Speak to a skilled car accident attorney to get more information on your potential claim.
Under Ohio Revised Code §4511.204, those operating a motor vehicle cannot use “handheld electronic wireless communications device to write, send, or read a text-based communication.” Offenders may face a fine of up to $100 or the option to take a course on distracted driving.
At present, texting while driving does not constitute a primary offense in the State of Ohio. This means that while a law enforcement officer can pull a driver over for a more severe traffic violation like speeding and then issue an additional ticket for texting while driving, they cannot pull someone over only for being distracted by their phone behind the wheel.
Even though texting while driving is a significant form of distracted driving, there are many other forms as well. Other common distractions that may constitute legal negligence if they result in an accident include:
While all forms of distracted driving are worthy of concern, many are hard to prove in a court of law unless videos or witness testimony are available as evidence. For cases involving texting while driving, however, it may be easier to prove that the offender was incapacitated, since the driver’s cellphone records, which may show they were using their phone while behind the wheel.
Distracted driving damages may range from minor to severe. May victims may suffer serious injuries and subsequently be forced to take on significant medical expenses for treatment and rehabilitation.
These costs, as well as professional losses like lost wages and lost future earning potential, may be recoverable through a civil lawsuit. Certain non-economic damages like pain and suffering and loss of enjoyment of life could also be factored into a damage award depending on the situation.
Immediately after a car accident, it is generally best to speak to a medical professional as soon as possible and seek treatment for any possible or noticeable injuries. Medical professionals could document any injuries sustained, which could be used in court to prove those injuries stemmed directly from the accident under consideration. A skilled texting while driving car accident lawyer could help an injured individual recover damages.
If you are injured in a texting while driving accident, you may be contacted by the offender’s insurance company within a short time. The insurance company representative may offer a settlement, but you should speak with legal counsel before any binding decisions are made.
A knowledgeable Swanton texting while driving car accident lawyer could help you seek the compensation you deserve for all your recoverable damages. Call today to review your situation and receive personalized advice regarding your legal options.